Patna High Court
Nagendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must first approach the Collector and the Land Acquisition Officer, and therefore the writ petition is disposed.
Summary
Nagendra Singh filed a writ petition seeking compensation for land that was allegedly acquired for the construction of an embankment under a 2011 notification. He claimed entitlement to payment, interest, and damages under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The State counsel argued that there was no record of the petitioner having approached the District Land Acquisition Officer with a proper claim. The court observed that the petitioner must first file a petition with the Collector and the Land Acquisition Officer before the court can entertain a writ for compensation. Consequently, the court granted the petitioner liberty to approach the appropriate authorities and disposed of the writ petition.
Issues considered
- Whether the petitioner is entitled to compensation for land acquired for the embankment under the 2013 Act.
- Whether the petitioner can claim compensation without first approaching the land acquisition authorities.
- Whether the court can directly direct payment of compensation in a writ petition.
Legislation cited
Subjects
- land acquisition
- compensation
- Right to Fair Compensation Act
- writ petition
- embankment
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4568 of 2025
======================================================
Nagendra Singh S/o Late Bilat Singh, Resident of Village- Surgahiya, P.O.-
Haribela, Block- Bathnaha, Dist. Sitamadhi.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary cum Commissioner of
the Revenue and Land Reforms Department, Bihar, Patna.
2. The Commissioner, Muzaffarpur.
3. The Collector, District- Sitamadhi.
4. The Sub Divisional Officer, Sitamadhi Sadar, District- Sitamadhi.
5. The District Land Acquisition Officer, District Sitamdhi.
6. The Circle Officer, Block/Circle- Bathnaha, District- Sitamadhi.
7. The Chief Engineer, Ministry of Water Resources Department, Division-
Muzaffarpur.
8. The Superintending Engineer, Head Work Circle, Bagmati Nagar, Sitamadhi.
9. The Executive Engineer, Bagmati Division No-1, Sitamadhi.
10. The Assistant Engineer, Bagmati Division No-1, Sitamadhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lakshmi Kant Tiwary, Advocate
For the Respondent/s : Ms. Babita Kumari, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 17-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for direction to the respondent authority
for payment of compensation of acquired
land for construction embankment over jhim
and jamura (Adhwara Group) from sonbarsa
bazaar to sonbarsa of village district-
Patna High Court CWJC No.4568 of 2025(3) dt.17-03-2026
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Sitamadhi;
(ii) for direction to the respondent authority
for follow the provision as per law for
acquiring the land for dig out earth soll from
the nearest land of the aforesaid
embankment and of made payment
compensation/damages as per the law for
dig out earth soil from the nearest land of
the aforesaid embankment and grain crops,
trees & brick factory of the concerning
lands;
(iii) for direction to the respondent authority
for payment of compensation /damages as
per the law of acquisition of land enacted in
2013 namely Right to Fair Compensation
and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act 2013
(Herein after referred as "the Act");
(iv) for direction to the respondent authority
for payment of adequate interest as per the
law since the subjected land have been
acquired/used and damages of grains,trees
Patna High Court CWJC No.4568 of 2025(3) dt.17-03-2026
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and bricks factory etc.;
(v) any other writ/writs to which the
petitioner may be found entitled to.
3. The notification dated 21.09.2011 for the
construction of embankment in the district of Sitamarhi.
4. The contention of the petitioner is that though he
owns the piece of land and payment has eluded.
5. Learned State counsel submits that the notification
is of the year 2011 and there is nothing on record to show
whether the petitioner either approached the District Land
Acquisition Officer, Sitamarhi with valid document so that the
decision can be taken against him.
6. Learned counsel for the petitioner submits that he
shall be approaching the Collector (respondent no.03),
Sitamarhi as also the Land Acquisition Officer (respondent
no.5), Sitamarhi by filing a proper petition.
7. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
Ravi/-
U
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